Ibid, sec. 11.

11. A transcribed copy of the evidence and proceedings or any specific part thereof, by any investigation taken by a ste nographer appointed by the Commission, being certified and sworn to by such stenographer, to be a true and correct transcript of the testimony, or of a particular witness, or any specific part thereof, or to be a correct transcript of the proceedings had on such investigation so purporting to be taken and subscribed, may be received in evidence by the Commission, with the same effect as if such stenographer were present and testified to the facts certified. A copy of such transcript shall be furnished on demand to any party in interest upon payment of the fee therefor, as provided for transcripts in the Circuit Courts of the counties or the Common Law Courts of Baltimore City.

Ibid, sec. 12.

12. The Commission shall prepare and furnish, free of cost, blank forms and provide in its rules for their distribution so that the same may be readily available, of applications for benefits or compensation notices, to employers, proof or injury or death, or medical attendance, of employment and wage earnings and such other blanks as may be deemed proper and advisable, and it shall be the duty of employers to constantly keep on hand a sufficient supply of such blanks.

Ibid, sec. 13.

13. Annually, on or before the first day of January, the State Industrial Accident Commission shall make a report to the Governor, which shall include a statement of the number of awards made by it, the causes of the accidents leading to the injuries for which the awards were made, and a detailed statement of the expenses of the Commission and the condition of the State Accident Fund, together with any other matters which the Commission deems proper to report to the Governor, including any recommendations it may desire to make.

1914, ch. 800, sec. 14. 1916, ch. 597.

14. Every employer subject to the provisions of this Act shall pay or provide as required herein compensation according to the schedules of this Act for the disability or death of his

employe resulting from an accidental personal injury sustained by the employe arising out of and in the course of his employment, without regard to fault as a cause of such injury, except where the injury is occasioned by the wilful intention of the injured employe to bring about the injury or death of himself. or of another, or where the injury results solely from the intoxication of the injured employe while on duty. Where the injury is occasioned by wilful intention of the injured employe to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employe while on duty, neither the injured employe nor any dependent of such employe shall receive compensation under this Act.*

The liability prescribed by the last preceding paragraph shall be exclusive, except that if an employer fail to secure the payment of compensation for his injured employes and their dependents as provided in this Act, an injured employe or his legal representative in case death results from the injury, may, at his option, elect to claim compensation under this Act, or to maintain an action in the courts for damages on account of such injury; and in such an action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow-servant or that the employe assumed the risk of his employment, or that the injury was due to the contributory negligence of the employe. If an employer, besides employing workmen in extra-hazardous employment within the meaning of this Act, shall also employ workmen in employments not extrahazardous, the provisions of this Act shall apply only to the extra-hazardous employments within the meaning of this Act and the workmen employed therein, except as provided in Section 33 of this Act.

See note to section 45 of this, Article 101. See opinion of S. I. A. C., Claim 327, Andrew P. Miller, employee, as to burden of proof and the subject of intoxication. The claim was disallowed. See opinion of S. I. A. C., Claim 1177, Frank W. Krug, employee, as to injury arising in the course of employment and occupational disease. See opinion of S. I. A. C., Claim 208, Joseph Rimbach, employee, as to disease vs. injury. See also opinion of S. I. A. C., Claim 213, John Hardestay, employee, as to effect of larking at lunch hour by employee. See opinion of S. I. A. C., Claim 3906, George F. Smith, as to stock clerk in wholesale house injured in use of an elevator, but customarily employed in more hazardous work. (Daily Record, January 26, 1916.) The letters S. I. A. C. refer to the opinions of the Maryland State Industrial Accident Commission as found among its records or as published in the Daily Record, a newspaper of Baltimore City

1914, ch. 800, sec. 15. 1916, ch. 597.

15. The employer shall secure compensation to his employes in one of the following ways:

(1) By insuring and keeping insured the payments of such compensation in the State Accident Fund, or

(2) By insuring and keeping insured the payments of such compensation with any stock corporation or mutual association authorized to transact the business of Workmen's Compensation Insurance in this State.

(3) Any such employer who does not, with the approval of said Commission, voluntarily insure the payment of the compensation by one of the methods designated in the preceding paragraphs of this section, must furnish satisfactory proof to the Commission of his financial ability to pay such compensation himself, in which case the Commission may, at any time and from time to time in its discretion, require the deposit with the Commission of securities, such as are accepted by the equity courts of Baltimore city for the investment of trust funds and in an amount or amounts to be determined by the Commission, to secure the liability of the employer to pay the compensation specified in this Act; and in order to be informed as to the continued financial responsibility of any such employer the Commission may require reports from him annually or at such other times as the Commission may deem necessary or advisable, and may examine such employer under oath or make such other examination of his business as the Commission may determine. If he should fail to furnish such satisfactory proof, or give bond, or deposit such securities as required by the Commission, or if he should at any time fail to render satisfactory reports to the Commission or otherwise satisfy the Commission of his continued financial ability to pay the compensation himself, he shall be subject to the provisions of the first paragraph of this section of this Act, and shall be required by the Commission to insure as provided in the first paragraph of said this section, unless he at once insure voluntarily as provided in the second paragraph of this section.

Any employer subject to the provisions of this Act who, after November first, nineteen hundred and fourteen, fails or refuses

to submit to said Commission, as provided in the next succeeding paragraphs, the method he desires to adopt for assuring compensation, or who shall fail to secure insurance by one of such methods, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred nor more than five thousand dollars. The Court may, in its discretion, remit any such penalty, provided the employer in default assures the compensation as provided in this section; and provided, further, that he has paid or secured to be paid any compensation or other benefits under this Act which may have been awarded against him.

1914, ch. 800, sec. 16. 1916, ch. 597.

16. The State Industrial Accident Commission is hereby authorized and directed to create and establish a fund, to be known as the "State Accident Fund," for the purpose of insuring employers against liability under this Act, and to their employes and their dependents the payment of the compensation specified in this Act. Such fund shall consist of all premiums or taxes received and paid into the fund and of property and securities acquired and interest earned through the use of moneys belonging to the fund. Said fund shall be administered by the Commission, and shall be applicable to the payment of losses sustained on account of insurance, and to the payment of expenses in the manner provided in this Act.

1914, ch. 800, sec. 17. 1916, ch. 597.

17. For the purpose of creating such State Accident Fund, each employer insured in this fund or required to be insured therein by this Act shall pay into the State Treasury the premiums of liability based upon and being such percentage of the payroll of such employer as may have been determined and published by the Commission, and be then in effect. The premiums shall be paid every four months, and shall be the prescribed percentage of the total wages paid to all employes subject to the Act for such preceding four months' period. The State Treasurer shall issue his receipt for any sums paid him hereunder in duplicate, the original to be delivered to the person, firm or corporation or other employer paying the same,

and the duplicate filed with the Commission; provided, how ever, that in order to create a fund available upon the application of this Act as aforesaid on November first, one thousand nine hundred and fourteen, the payments for the months of November, one thousand nine hundred and fourteen, to February, inclusive, one thousand nine hundred and fifteen, shall be made on or before November first, one thousand nine hundred and fourteen, and be preliminarily based upon the payroll of the operations of the first four months of the year one thousand nine hundred and fourteen. If any employer be found to have overpaid for such four months he may deduct such overpayment from the next succeeding four months' payment made to the fund; if any employer be found to have underpaid for such four months, he shall pay the deficiency with the payment made by him after the end of said four months.

Ibid, sec. 18.

18. If a single establishment of work insured in the State Accident Fund comprises several occupations listed in Section 32 of this Act, the premium shall be computed according to the payroll of each occupation, if clearly separable; otherwise an average rate of premium shall be charged for the entire establishment, taking into consideration the number of employees and the relative hazards. In computing the payroll the entire compensation received by every workman employed in extrahazardous work and insured in the State Accident Fund, within the meaning of this Act, shall be included, whether it be in the form of salary, wage, piece work, overtime, or any allowance in the way of profit-sharing premium or otherwise, and whether payable in money, board or otherwise. Provided the money value of board and similar advantages shall have been fixed by parties at the time of hiring.

Ibid, sec. 19.

19. It shall be the duty of the Commission to classify any industries subject to this Act mentioned or not mentioned which are insured in the State Accident Fund. And the Commission shall have power on or before the first day of January of each year to reclassify such industries, or oftener, if, in the